OPINION OF THE COURT
Respondent was admitted to practice as an attorney and counselor at law in the State of New York on February 9, 1977. The Grievance Committee of the Seventh Judicial District charged in its petition instituting this disciplinary proceeding that respondent has engaged in conduct involving dishonesty in violation of DR 1-102 (A) (3), (4), (6) of the Code of Professional Responsibility in that on June 6, 1981 he stole approximately $249 worth of assorted groceries from a food market for which he was arrested and charged with petit larceny (Penal Law, § 155.25). On November 12,1981 the Town Court of Pittsford adjourned his criminal case in contemplation of dismissal (CPL 170.55).
Although we have here a serious act of misconduct which reflects on respondent’s “fitness to practice law”, in view of the circumstances surrounding this respondent, his favorable termination from the diversion program of the Monroe County Bar Association Pre-Trial Services Corporation, the willingness of a fellow lawyer to employ him in a capacity which involves handling large sums of money and confidential matters, the testimonials to his character, integrity and ability by his former colleagues in the office of the Monroe County District Attorney, and his otherwise unblemished record, we find that a censure would be appropriate.
Respondent should be censured.
Dillon, P. J., Simons, Hancock, Jr., Callahan and Doerr, JJ., concur.
Order of censure entered.